Case law

Malloy v. State

148 N.J. Super. 15 · New Jersey Superior Court Appellate Division · Mar 4, 1977

The act re-established governmental immunity from tort liability except for specific provisions therein establishing liability. … I perceive no warrant to qualify that term in this section of the Tort Claims Act simply because the commentator provided a reason for its enactment. The comment is not the statute and should not be given that effect.

Rossi v. Borough of Haddonfield

297 N.J. Super. 494 · New Jersey Superior Court Appellate Division · Feb 19, 1997

If the Borough is entitled to immunity, summary judgment should have been granted as the Borough would “ ‘prevail as a matter of law.’ ” Ibid. Common law snow removal immunity was established in Miehl v. … The facts here are clearly within those contemplated by the Miehl Court in establishing snow removal immunity. “The unusual traveling conditions following a snowfall are obvious to the public.

Siligato v. State

268 N.J. Super. 21 · New Jersey Superior Court Appellate Division · Oct 26, 1993

The judge also denied defendants' motion for partial summary judgment dismissing the complaint against Sheeran on qualified immunity grounds and their motion for an order limiting the scope of damages. … immunity.

Robbins v. HIP of New Jersey

264 N.J. Super. 572 · New Jersey Superior Court Appellate Division · Apr 2, 1993

Again, had the Legislature intended to immunize HMOs from negligence in connection with the provision of health care services and supplies, it could have easily and clearly stated this goal. … , it was able to clearly and unambiguously express its intent to do so.

Maudsley v. State

323 N.J. Super. 579 · New Jersey Superior Court Appellate Division · Jul 27, 1999

immunity. … II In Point I, plaintiffs argue that the trial court erred in dismissing the § 1983 claims against the County defendants based on defendants’ qualified immunity. We decline to address this point.

Wild v. Carriage Funeral Holdings, Inc.

458 N.J. Super. 416 · New Jersey Superior Court Appellate Division · Mar 27, 2019

It also shields qualifying users from civil penalties and other administrative actions. N.J.S.A. 24:6I-6(b). … On the other hand, plaintiff alleges a disability that qualified his use of medical marijuana.

Manley v. YMCA of Plainfield

275 N.J. Super. 656 · New Jersey Superior Court Appellate Division · Jun 14, 1994

In addition, municipal welfare directors [MWD's] will establish worksites to which they will assign recipients. .... … Regarding the status of the plaintiff, the court stated: We do not construe ... the category of those qualifying as beneficiaries to include persons who derive no benefit from the charitable institution but render some service

Winters v. City of Jersey

120 N.J. Super. 129 · New Jersey Superior Court Appellate Division · Jul 28, 1972

When the Legislature has intended that a governmental body should be immune, it has clearly and expressly said so. *147 Cf. N. J. S. … for has not been clearly granted by the Legislature.

Ramapo Brae Condo. v. Bergen Cty.

328 N.J. Super. 561 · New Jersey Superior Court Appellate Division · Mar 1, 2000

The Authority asserts it is entitled to immunity under various portions of the Act. [2] Other defendants claim derivative immunity. Vanchieri v. … Authority, 282 N.J.Super. 430, 435 , 660 A. 2d 550 (App.Div.1995) we held that the Newark Housing Authority could qualify as a consumer for purposes of prosecuting a consumer fraud claim.

COREY BLAND VS. CITY OF NEWARK (L-2305-13, ESSEX COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Nov 16, 2021

"Qualified immunity is a doctrine that shields government officials from a suit for civil damages when 'their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … Torrez and Martinez, who arrived on the scene late and began shooting, were also entitled to qualified immunity because plaintiffs failed to present "caselaw demonstrating that [they] . . . violated a clearly established

Edgewater Inv. Associates v. Borough of Edgewater

201 N.J. Super. 267 · New Jersey Superior Court Appellate Division · Apr 22, 1985

Under the Act, a tenant who qualifies is immune from eviction for a period of 40 years. N.J.S.A. 2A:18-61.1k and N.J.S.A. 2A:18-61.24h. … That principle clearly applies here. In sum, we hold that the applicant's net business income is to be utilized in determining whether he qualifies for protected tenancy status.

Manca v. Borough of Hopatcong

157 N.J. Super. 67 · New Jersey Superior Court Appellate Division · Mar 10, 1978

Justice Haneman, in an opinion for a unanimous court, clearly sustained municipal immunity as a matter of law in snow removal cases in the following language: Snow is a common enemy interfering with normal pedestrian and … Our review of the pertinent provisions of the act fails to reveal a provision reflecting a legislative intent to abolish the immunity established in the area of discretionary municipal activities typified by Miehl v.

Markey v. Skog

129 N.J. Super. 192 · New Jersey Superior Court Appellate Division · Jun 21, 1974

The State's answer to the third-party complaint denies negligence and alleges, by way of affirmative defense, that its sovereign immunity bars the contribution claim, and it is essentially the sovereign immunity defense which … That statement, however, is obviously not intended to qualify the entire scope of the State's tort liability, but rather constitutes a qualification of the preceding sentence of the section, the clear intention of which is

Shapiro v. Middlesex County Municipal Joint Insurance Fund

307 N.J. Super. 453 · New Jersey Superior Court Appellate Division · Jan 20, 1998

JIF, as the workers’ compensation providing entity for Old Bridge, may lawfully and ethically choose those physicians who it deems qualified to make the full range of professional judgments necessary to conform with the requirements … Under N.J.S.A. 40A:10-49 and N.J.A.C. 11:15-2.1, et seq., the Commissioner of Insurance promulgates rules and regulations regarding the operation, establishment, modification and dissolution of JIFs established pursuant to

Sandler v. BD. OF ADJUSTMENT OF SPRINGFIELD TP.

113 N.J. Super. 333 · New Jersey Superior Court Appellate Division · Feb 16, 1971

To this qualified extent the statutory policy is for a period of enforced immobility of the local regulatory power relative to the particular subdivision development. [ 64 N.J. Super. at 291-292 ] In Levin v. … As noted, the statute does not fix a period of immunity after final approval.

Pemberton Tp. v. State

171 N.J. Super. 287 · New Jersey Superior Court Appellate Division · Sep 12, 1979

State, supra , held that the Department of Institutions and Agencies was immune from zoning with respect to the establishment of a group home for multi-handicapped children. … From this analysis the conclusion emerges that there is a qualified immunity from local zoning for activities of the Department of Corrections.

State v. New York Yearly Meeting of Friends

61 N.J. Eq. 620 · New Jersey Superior Court Appellate Division · Jan 18, 1901

But there should be a renewed earnestness of the membership in this important work; and with the hope that the Lord will bring this to pass and that he will also raise up some especially qualified for such a field of labor … hat this legatee must come clearly within the words of the act which gives it immunity, I am of the opinion that it is clearly included within the statutory language. The decree of the orphans court should be affirmed.

Fenning v. SG Holding Corp.

47 N.J. Super. 110 · New Jersey Superior Court Appellate Division · Oct 21, 1957

established ( LaPorta v. … privilege, a much lesser form of immunity, usually inducing a jury issue as to elements of malice, reasonable cause, good faith and the like.

Smith v. Walker

138 N.J. Super. 187 · New Jersey Superior Court Appellate Division · Dec 5, 1975

Their reliability as an indicator of the truth has been fully established. … Ryan, supra , qualifies. Defendant's attorney will submit an order, consented to as to form or on five days notice, providing for: 1.

BENJAMIN EX REL. BENJAMIN v. Corcoran

268 N.J. Super. 517 · New Jersey Superior Court Appellate Division · Dec 1, 1993

The Legislature clearly expressed its intent that the N.J.F.H. be controlled, managed and governed by the board of managers as agents of the State. … Even if an issue of fact existed respecting whether the property characteristics of the N.J.F.H. grounds are sufficiently rural or semi-rural as to qualify for immunity under the Landowner's Liability Act, N.J.S.A. 2A:42A